| Matter of O'Leary v Caradonna |
| Motion No: 2017-01761 |
| Slip Opinion No: 2017 NY Slip Op 71484(U) |
| Decided on April 24, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M229886
E/afa
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2017-01761
In the Matter of Thelma M. O'Leary, appellant, v Erica Caradonna, respondent. (Docket No. O-534-17)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated February 8, 2017, to reinstate an order of protection that was vacated by the order dated February 8, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), without prejudice to any motion in the Family Court, Nassau County, to vacate the order dated February 8, 2017; and it is further,
ORDERED that the motion is denied as academic.
HALL, J.P., SGROI, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court